ALAN G. LANCE
Attorney General
State of Idaho
Attorney General
State of Idaho
Even if the landlord and tenant have not entered into a written rental agreement, a valid oral rental agreement may exist. An oral agreement is legally binding if its terms have been agreed upon. The problem with an oral agreement is the difficulty in proving what terms were actually agreed upon.
Most oral landlord/tenant agreements are more casual than written agreements and usually result in an agreement known as a "periodic tenancy."
When a landlord and a tenant enter into an agreement whereby the tenant agrees to pay rent on a periodic basis in return for the possession of the building or part thereof, a periodic tenancy results. The period, which can be any length, is equal to the period for which rent is paid. Most periodic tenancies run from month to month.
When a landlord and a tenant enter into an agreement whereby the tenant agrees to pay rent on a periodic basis in return for the possession of the building or part thereof, a periodic tenancy results. The period, which can be any length, is equal to the period for which rent is paid. Most periodic tenancies run from month to month.
A month-to-month tenancy does not have to run from the first of the month until the first of the following month. It can run from any specific day of the month to one day earlier of the following month. For example, the rental period might run from the 15th day of one month to the 14th day of the next month. For the sake of convenience, most month-to-month tenancies do begin on the first day of the month.
Tenant's Property
When the rental agreement expires, a tenant vacating the premises has a right to remove personal property as long as the removal of such property does not injure the premises. For example, if a built-in bookcase can be removed without injury to the premises, it can be taken. But, if the tenant's property has become an integral part of the rental property, it cannot be removed.
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If a tenant leaves property of value behind after vacating the premises, the landlord has no right to immediately dispose of the property, but rather has an obligation to reasonably safeguard the property until it is properly disposed of. The property may be reclaimed by the tenant or disposed of in accordance with the abandoned or unclaimed property laws of the State of Idaho.
Idaho law does not provide for a landlord's lien on the property which belongs to a tenant. Rental agreements sometimes grant to the landlord a lien on the tenant's property.
Courts have upheld similar agreements when the tenant knowingly and voluntarily enters into, and understands the consequences of, such agreements.
Courts have upheld similar agreements when the tenant knowingly and voluntarily enters into, and understands the consequences of, such agreements.
Payment of Rent
The landlord has a basic right to receive payment of rent as agreed upon. If the tenant does not pay the rent as required by the rental agreement, the landlord can institute legal proceedings to obtain possession of the property, obtain damages incurred as a result of failure to pay rent, or both.
(See the section titled "Landlord's Remedies.")
(See the section titled "Landlord's Remedies.")
Rent Increases
Rent can be increased only after proper notice. In a month-to-month tenancy, a written notice must be given at least fifteen (15) days before the end of the period and fifteen (15) days prior to the date the rent increase is to become effective. If a rental agreement, whether written or oral, specifies the amount of the rent for a set time, the rent cannot be increased during the time specified, without the mutual agreement of the parties.
There are no federal or state rent control or rent stabilization laws that apply in Idaho. As a result, there are no legal limitations on how much or how often a landlord can raise the rent.
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